✦ Smart summary
This Circular stipulates the tasks, powers, forms, and contents of patrol and supervision activities of the Road Traffic Police. It applies to officers and non-commissioned officers of the Road Traffic Police performing their duties, relevant units and local public security organs, and organizations, institutions, and individuals related to traffic activities on the territory of Vietnam. This Circular replaces Circular No. 27/2009/TT-BCA(C11).
Scope of application
Officers and non-commissioned officers of the Road Traffic Police; relevant units and local public security organs; organizations, institutions, and individuals related to traffic activities on the territory of Vietnam.
Key points
- Personnel performing patrol and supervision tasks must be familiar with and strictly implement the provisions of the laws on road traffic; ensure traffic order and safety; promptly detect and handle violations according to the law.
- Personnel have the right to stop vehicles for inspection when directly detecting or through technical equipment detecting violations, implementing plans or orders for comprehensive inspections, or upon receiving a written request from competent authorities.
- Equip and use means of transportation, technical equipment, weapons, and support tools in accordance with the provisions of the law.
- There are forms of patrol and supervision including open, combined with disguise, and monitoring through surveillance systems.
- Supervise persons and vehicles participating in traffic; handle violations of the laws on road traffic according to the provisions of the law.
🌐 Social impact of this document
- Positive impact: Enhance the effectiveness of patrol and supervision of traffic, reduce accidents and traffic violations.
- Negative impact: May cause inconvenience to the people when their vehicles are stopped for inspection; require businesses to comply with technical safety regulations for vehicles.
❓ Frequently asked questions
When can traffic police personnel stop vehicles?
Traffic police personnel performing patrol and supervision tasks may stop vehicles for inspection in cases where they directly detect or through technical equipment detect violations; implement plans or orders for comprehensive inspections issued by superiors; or upon receiving a written request from competent authorities regarding stopping vehicles for inspection to serve the work of ensuring security and order.
What types of weapons can traffic police personnel use?
Personnel performing patrol and supervision tasks have the right to use measures to prevent and ensure the handling of administrative violations according to the provisions of the law; temporarily detain driver's licenses, vehicle registration certificates, and other documents related to vehicles, drivers, or passengers when there are violations of the law.
How is the patrol and supervision of traffic conducted?
The patrol and supervision of traffic are carried out in various forms: open, combined with disguise, and monitoring through surveillance systems. Traffic police personnel use means of transportation or walk to patrol and supervise within the assigned area.
How is the handling of administrative violations carried out?
After detecting violations, patrol and supervision personnel establish an administrative violation record according to the regulations. In cases of simple procedures, penalties are imposed on the spot; if within their authority, decisions on penalties are made; if not within their authority, the case is transferred to the person with authority to impose penalties.
How is the patrol and supervision of traffic organized?
Units and local public security organs are responsible for organizing training in the business of patrol and supervision and handling of administrative violations for traffic police personnel under their management. The Highway and Railway Traffic Police Corps is responsible for guiding and urging the implementation of this Circular.
Full text
CIRCULAR
Regulations on the tasks, powers, forms, and contents of patrol and supervision by traffic police on roads
_______________________________
Pursuant to the Law on People's Police of Vietnam 2005;
BASED ON THE LAW ON TRAFFIC ON ROADS 2008;
Based on Decree No. 77/2009/NĐ-CP dated September 15, 2009 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;
At the proposal of the Director General of the Administration Police Department under the Ministry of Public Security managing public order and social security;
The Minister of Public Security shall issue a Circular to regulate the tasks, powers, forms, and contents of patrol and supervision by traffic police on roads.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular stipulates the tasks and powers of officers and non-commissioned officers of traffic police performing patrol and supervision tasks on roads; equipment and use of technical devices, weapons, and auxiliary tools; forms and contents of patrol and supervision by traffic police on roads.
Article 2. Applicability
This Circular applies to:
1. Officers and non-commissioned officers of traffic police on roads (hereinafter referred to as officers) perform the task of patrolling and supervising road traffic.
Officers conducting traffic patrols and controls on public roads shall perform the following duties:
1. Implement directives from the Ministry of Public Security, the Highway Police Corps, the Provincial Public Security Director (hereinafter referred to as the Provincial Public Security), the Head of the Traffic Guidance and Control Department, the Head of the Expressway Patrol and Control Department under the Highway Police Corps, the Head of the Road and Rail Traffic Police Department, the Head of the Provincial Public Security Traffic Police Department (hereinafter referred to as the Head of the Traffic Police Department), the County, District, City, and Provincial Public Security Chief (hereinafter referred to as the County Public Security Chief); approved patrol and control plans.
Article 3. Requirements and standards for officers performing patrol and supervision tasks on roads
3. Reporting and proposing measures to address deficiencies in state management of security, order, and traffic safety to competent authorities; coordinating with road management agencies to detect and prevent violations of road construction protection regulations and road safety zones.
2. Fulfill the assigned tasks during patrol and supervision fully and responsibly; implement democratic regulations in ensuring traffic order and safety and the Rules of the People's Public Security.
3. When interacting with the public, they must have a respectful, courteous, diligent, and appropriate attitude.
4. Timely detect, prevent, and handle violations related to ensuring road traffic order and safety according to the procedures, formalities, and authority prescribed by law.
5. Has been issued with a badge and Certificate for Traffic Police Patrol and Control on Roadways in accordance with the regulations of the Ministry of Public Security.
Chapter II
TASKS AND POWERS OF OFFICERS PERFORMING PATROL AND SUPERVISION TASKS ON ROADS
Article 4. Tasks
Officers performing patrol and supervision tasks on roads shall carry out the tasks of the Traffic Police Force and the following specific tasks:
1. Implement the directives of the Ministry of Public Security, the General Administration of Public Order Management under the Ministry of Public Security, the Highway and Railway Traffic Police Department, the Director of Provincial Public Security Departments (hereinafter referred to as Provincial Public Security Departments); the Head of the Traffic Patrol and Supervision Guidance Division under the Highway and Railway Traffic Police Department; the Head of the Highway and Railway Traffic Police Department, the Head of the Highway Traffic Police Department under Provincial Public Security Departments (hereinafter referred to as the Head of the Traffic Police Department); the Head of County, District, City, and Town Public Security Departments (hereinafter referred to as County Public Security Departments); and the approved patrol and supervision plans by competent authorities.
2. Ensure traffic order and safety within the patrol and supervision area; promptly and strictly handle violations as prescribed by law.
3. Report and propose measures to competent authorities to address promptly any loopholes or shortcomings in state management of national security, public order, and road traffic safety; coordinate with road management agencies to detect and prevent violations of road protection regulations and road safety zones.
4. Guide road users to strictly comply with laws on road traffic.
5. Protect accident scenes, organize rescue operations for victims, and resolve traffic accidents in accordance with the law and regulations of the Ministry of Public Security.
6. Coordinate with specialized units of the People's Public Security to combat criminal activities operating on vehicles and in designated areas as prescribed by law.
Article 5. Powers and Duties
1. Stop vehicles participating in road traffic; inspect vehicles and their documents; inspect drivers and passengers' documents and personal identification, and compliance with regulations on road transport operations as prescribed by law.
2. Handle administrative violations in the field of road traffic and public order and social safety as prescribed by law.
3. Apply preventive measures and ensure the handling of administrative violations as prescribed by law; temporarily detain driver's licenses, vehicle registration certificates, and other relevant documents concerning vehicles, drivers, or passengers when there are violations of the law, documents related to transport activities to ensure the enforcement of administrative penalty decisions as prescribed by law.
4. To request agencies, units, organizations, and individuals to cooperate and support in resolving traffic accidents; traffic congestion, hindrances to traffic, or other situations causing disruption to public order and social safety.
5. To use weapons, auxiliary tools, and means, technical equipment as prescribed by law.
6. Seize various types of transportation means; communication means; other technical devices and equipment of organizations, individuals, and their operators and users as prescribed by law.
7. Temporarily restrict travel on certain sections of roads, reallocate traffic lanes, and designate temporary parking areas when there is traffic congestion or other necessary requirements for ensuring public security, order, and social safety.
8. To exercise other powers and duties as prescribed by law.
Article 6. Allocation of responsibilities and coordination relationships in traffic patrol and control work on roadways
1. Highway Police Traffic Corps - Railways
a) Guide, inspect, and urge traffic police forces to implement traffic patrol and control work on roadways nationwide;
b) Take the lead and coordinate with local public security units to organize traffic patrol and control activities and handle administrative violations related to traffic order and safety on expressway routes;
c) Advise the Ministry of Public Security leadership and the General Administration of Administrative Management for Social Order and Safety on ensuring traffic order and safety on roadways. Issue or submit plans for traffic patrol and control on roadways nationwide to the competent authority for approval;
d) Organize the forces of the Highway Police Traffic Corps - Railways to independently carry out or take the lead and coordinate with local public security units and relevant forces to implement traffic patrol and control plans on roadway routes nationwide that have been approved by the competent authority.
2. Provincial Public Security
a) The Director of Provincial Public Security:
- Direct the traffic police force to conduct traffic patrol and control work on roadways within their jurisdiction;
- Decide on the allocation of responsibilities, classification of routes, areas for patrol and control, and handling of administrative violations related to traffic order and safety on roadways (according to the model issued together with this Circular) between the Traffic Police Department and the County-level Public Security according to the provisions of this Circular;
b) Traffic Police Department:
- Advise the Director of Provincial Public Security to decide on the deployment of forces from the Traffic Police Department and County-level Public Security to organize traffic patrol and control activities and handle violations to ensure traffic order and safety on roadway routes within the administrative boundaries of the locality;
- Deploy forces and organize traffic patrol and control activities and handle administrative violations related to traffic order and safety on national highways within the administrative boundaries of the locality; provincial roads, urban roads (for Class I cities) according to the classification decision of the Director of Provincial Public Security;
- Guide, inspect, and urge the County-level Public Security traffic police force to perform traffic patrol and control work and handle violations related to traffic order and safety on roadways;
- Take the lead and coordinate with County-level Public Security traffic police to patrol and control traffic on county routes according to the plan of the Director of Provincial Public Security;
c) County-level Public Security:
- Deploy forces and organize traffic patrol and control activities and handle administrative violations related to traffic order and safety on county routes, village routes, dedicated routes within the administrative boundaries; provincial roads, urban roads according to the allocation and classification decisions of the Director of Provincial Public Security;
- On sections of national highways passing through cities, towns within the province, townships within counties, if violations such as static traffic offenses and behaviors like weaving, swerving, gathering to disrupt public order, illegal racing, driving against traffic flow, failing to obey traffic signal instructions, overloading motorcycles and motor vehicles, not wearing helmets while riding motorcycles and motor vehicles are discovered, they shall be handled according to the law.
Chapter III
EQUIPMENT AND USE OF TECHNICAL INSTRUMENTS, WEAPONS, AND AUXILIARY TOOLS OF ROADWAY TRAFFIC POLICE
Article 7. Provision of means, technical equipment, weapons, and support tools
1. Means of transportation, including: Cars, motorcycles, and other specialized vehicles equipped with priority signal lights and sirens according to the provisions of the law.
a) Both sides of patrol cars shall be painted with reflective blue stripes, with white reflective letters "CẢNH SÁT GIAO THÔNG" in between.
b) Both sides of the fuel tank or the rear cargo box or both sides of the motorcycle trunk shall be painted with reflective blue stripes, with white reflective letters "C.S.G.T" in between.
c) The style, size, color of letters, and paint stripes on patrol vehicles are specified in the annex attached to this Circular.
2. Technical equipment
a) Speed measuring devices with video recording.
b) Breath alcohol testing machines.
c) Weighing scales for vehicle load capacity.
đ) Data extraction devices from vehicle tracking systems;
d) Drug testing devices.
e) Specialized cameras and audio recorders.
g) Ultraviolet light lamps.
h) Specialized technical equipment and other means.
3. Communication means: Walkie-talkies, telephones, fax machines.
4. Weapons and auxiliary tools provided for Traffic Police.
5. Traffic command batons; whistles; loudspeakers; barriers; signs to block traffic.
6. Lighting lamps.
7 Other technical equipment and means as prescribed by the Ministry of Public Security.
Article 8. Use of means, technical equipment, weapons, and support tools
1. When using the means, technical equipment, weapons, and support tools as stipulated in Article 7 of this Circular, they must be installed and used in accordance with the legal regulations on the installation and use of technical equipment by the People's Police force during patrols and inspections, and the laws on the management and use of weapons and support tools.
2. Use sirens for priority signals in accordance with the law.
3. Priority signal lights shall be used continuously in the following cases:
a) Mobile patrols and public controls;
b) Control at a single point on the road or at a Traffic Police Station during daytime under poor weather conditions that limit visibility (rain, fog...).
c) Control at a point on the road or at a Traffic Police Station at night.
Chapter IV
FORMS OF PATROLLING AND CONTROLLING
Article 9. Open Patrols and Inspections
1. Methods of open patrol and control
a) Patrol and mobile control;
b) Control at a Traffic Police Station;
c) Control at a single point on the road.
2. During mobile patrols and inspections, control can be conducted at a single point, but when controlling at a single point, mobile patrols and inspections must also be carried out, and this must be clearly stated in the patrol and inspection plan. Controlling at a single point on the road or at a Traffic Police Station must have a plan approved by the Head of the Guidance and Organization of Road Traffic Patrols and Inspections Department under the Highway and Railway Traffic Police Corps or the Head of the Traffic Police Department, or the Head of the County-level Public Security Bureau or higher.
3. During open patrols and inspections, the following regulations must be implemented:
a) Wear uniforms in accordance with the regulations of the Ministry of Public Security;
b) Use transportation means or walk to patrol and control within the assigned area;
c) Use technical equipment, weapons, and support tools in accordance with the law and this Circular.
Article 10. Combined Open Patrols and Inspections with Disguise
1. Cases of combined open patrol and control with disguise
a) Secretly using technical equipment to enhance the effectiveness of ensuring traffic order and safety.
b) Combat crime prevention when the security and public order situation or traffic order and safety is complex.
2. Authority to decide on combined open patrol and control with disguise
a) The Director of the Highway and Railway Traffic Police Corps, or the Provincial-level Public Security Director or higher decides on combined open patrols and inspections with disguise as stipulated in Clause 1 of this Article.
b) The Head of the Guidance and Organization of Road Traffic Patrols and Inspections Department under the Highway and Railway Traffic Police Corps, the Head of the Traffic Police Department, or the Head of the County-level Public Security Bureau decides on combined open patrols and inspections with disguise for cases stipulated in Point a of Clause 1 of this Article.
3. Conditions for combined open patrol and control with disguise
a) There must be a patrol and inspection plan approved by the authorized person as stipulated in Clause 2 of this Article. The plan must clearly state the time, area of patrol and inspection; the technical equipment to be used for patrol and inspection.
b) The patrol and inspection team must arrange a part of the staff in disguise (wearing civilian clothes) to monitor traffic order, detect, and combat violations within the assigned area. Upon discovering a violation, they must immediately inform the open patrol and inspection team to proceed with inspection and handling according to the law.
The disguised part and the open patrol and inspection part in a patrol and inspection team must maintain an appropriate distance to ensure close cooperation for timely and lawful handling of violations.
c) Strictly prohibit the abuse of combined open patrols and inspections with disguise contrary to the law to harass, inconvenience, or cause damage to the interests of the State, the rights and legitimate interests of citizens, agencies, and organizations.
Article 11. Supervision through monitoring systems, handling traffic order and safety violations
1. The monitoring system for traffic order and safety violations on roadways includes:
a) Terminal devices (speed measurement devices with image recording; surveillance cameras; cameras capturing images of violating vehicles; control devices; other electrical, electronic, and mechanical devices...) installed at fixed positions on one or more road traffic routes to monitor traffic order and safety conditions online and automatically record by images for violations of road traffic rules;
b) Data transmission system;
c) Central processing equipment system.
2. When terminal devices have recorded traffic order and safety violations committed by individuals or vehicles participating in traffic, the system will automatically access and transmit data to the central station, to the Patrol and Control Team for retention and to serve supervision and violation handling work as prescribed.
3. Violations recorded and collected by technical devices of the monitoring and violation handling system for traffic order and safety, the Patrol and Control Team Leader must compile statistics, create lists, print out images or records of violations and retain them in administrative violation case files according to the file management regulations of the Ministry of Public Security.
Article 12. Mobilizing other Police forces and Village Police to cooperate in patrolling and controlling
In cases where it is necessary to mobilize other police forces and Village Police to cooperate with Road Traffic Police to participate in patrolling and controlling traffic order and safety on roads, such actions shall be carried out in accordance with the provisions of Government Decree No. 27/2010/NĐ-CP dated March 24, 2010, stipulating the mobilization of other police forces and Village Police to cooperate with Road Traffic Police to participate in patrolling and controlling traffic order and safety on roads when necessary, and Circular No. 47/2011/TT-BCA dated July 2, 2011, issued by the Ministry of Public Security detailing the implementation of certain provisions of Government Decree No. 27/2010/NĐ-CP.
Chapter V
CONTENT OF PATROLLING AND CONTROLLING
Article 13. Stop vehicle command signals
1. The stop vehicle command signals of traffic police officers performing patrol and control duties are implemented through vehicle stop signals, including:
a) Hand signals, traffic baton;
b) Horns, handheld battery-powered loudspeakers, loudspeakers mounted on patrol vehicles;
c) Signal lights, warning signs, barriers or barricades.
2. Stop vehicle command signal using a traffic baton at a Traffic Police Station or at a point on the road
a) Outside urban areas: The officer stands at attention, facing the vehicle to be inspected, blows a long, strong, decisive horn blast; simultaneously, the right hand holds the traffic baton raised vertically from the top of the baton to the elbow forming a line perpendicular to the ground, from the elbow to the shoulder forming a line parallel to the ground, palm facing backward holding the traffic baton in a vertical position behind the right eye. When the vehicle driver receives the signal and reduces speed, the traffic baton points towards the vehicle to be inspected, combined with a horn sound guiding the vehicle to park in an appropriate location for inspection;
b) Inside urban areas: The officer stands at attention, facing the vehicle to be inspected, the right hand holds the traffic baton raised and pointed at the vehicle to be inspected, simultaneously blowing a long, strong, decisive horn blast. When the vehicle driver receives the signal and reduces speed, the traffic baton combined with a horn sound guides the vehicle to park in an appropriate location for inspection.
3. Stop vehicle command signal using a traffic baton while sitting in a patrol vehicle during public mobility control
a) In the case where the patrol vehicle travels in the same direction and ahead of the vehicle to be inspected, the right hand of the assigned officer holds the traffic baton extended horizontally to the right side of the patrol vehicle, then raised vertically perpendicular to the ground. When the driver of the vehicle to be inspected slows down and stops at the guided location by traffic police, the patrol vehicle parks in an appropriate location to conduct the inspection;
b) In the case where the patrol vehicle travels in the same direction but behind the vehicle to be inspected, the officer uses a loudspeaker to request the vehicle to be inspected to stop at the guided location by traffic police for inspection;
c) In the case where the patrol vehicle travels against the direction of the vehicle to be inspected (road without median strip), the left hand of the officer holds the traffic baton extended horizontally to the left side of the patrol vehicle and points at the vehicle to be inspected. When the driver of the vehicle to be inspected slows down and stops at the guided location by traffic police, the patrol vehicle parks in an appropriate location to conduct the inspection.
4. When conducting public mobility control combined with undercover operations, undercover officers who discover and record violations must implement the following regulations:
a) Immediately notify the public patrol and control force to prevent, stop, and handle violations according to the law;
b) Can directly prevent and stop the violation immediately, but must use the People's Public Security Identification Card to inform the violator about the performance of duty; inform about the violation and require the violator to go to the unit's headquarters for resolution or notify the public patrol and control force to come to receive and handle according to the law.
Article 14. Cases where vehicles may be stopped
1. Officers performing patrol and control duties may stop vehicles for inspection in the following cases:
a) Directly discovering or detecting through technical means and equipment, recording violations of traffic laws;
b) Implementing plans or orders for comprehensive traffic inspections issued by the Director of the Highway and Railway Traffic Police Department or the Director of Provincial Public Security Departments and above;
c) Implementing work plans or schemes issued by the Head of the Traffic Guidance and Patrol Control Department under the Highway and Railway Traffic Police Department, the Head of the Traffic Police Department, or the Head of County-level Public Security Departments and above regarding traffic control and handling of traffic law violations;
d) Having a document from the head or deputy head of an investigation agency at the county level and above; a request from a related functional agency to stop vehicles for inspection to ensure security and public order;
đ) Receiving reports from organizations, individuals about violations of laws by persons and vehicles participating in traffic;
2. Stopping vehicles must meet the following requirements:
a) Safety and compliance with legal regulations;
b) Not obstructing traffic operations;
c) Once the vehicle has been stopped, inspection must be conducted, and if a violation is found, it must be handled according to the law.
Article 15. Content of patrols
1. The content of patrols must be reflected in patrol and control plans and schemes approved by competent authorities, aiming to concretize and strictly and effectively implement directives of the Government, Prime Minister, Ministry of Public Security, General Administration of Administrative Management for Social Order and Safety, Director of the Highway and Railway Traffic Police Department, and Directors of Provincial Public Security Departments;
2. Officers performing patrol and control duties shall use road traffic means or walk to patrol and control within their assigned areas, applying investigative methods combined with technical equipment to prevent, monitor, detect, promptly stop, and strictly handle violations of laws on social order and traffic safety and other violations as prescribed by law;
Article 16. Content of controls
1. Conducting inspections of persons and vehicles participating in road traffic; handling violations of road traffic laws against persons and vehicles participating in road traffic, including the following contents:
a) Inspecting relevant documents concerning persons and vehicles, including: driving license; vehicle registration certificate; technical inspection certificate for motor vehicles and other related documents concerning persons, vehicles, and transportation activities. During inspection, comparisons must be made between documents and the actual vehicle regarding license plate number, brand, type of vehicle, load capacity, paint color. If necessary, inspections must be conducted and compared with the engine number and frame number of the vehicle;
b) Controlling the conditions for participating in traffic of vehicles
- Controlling the technical safety and environmental protection conditions of motor vehicles;
- Inspecting front and rear license plates, headlights (high beam, low beam), turn signals, wipers, rearview mirrors, brake lights, license plate lights, reverse lights;
- Inspecting and evaluating the technical condition of the steering system, longitudinal and transverse links, joints; braking system, oil or air lines of the braking system; instruments on the dashboard (pay attention to checking the air pressure gauge for vehicles using air brakes); monitoring devices, rescue equipment (if available); horn and light switches; suspension system; tire size, wear, and air pressure of the vehicle;
- Inspecting the installation of fire extinguishing equipment, transport permits according to the law for passenger-carrying vehicles, fuel-carrying vehicles, and dangerous goods-carrying vehicles;
c) Controlling road transport activities
- Inspecting the specifications, dimensions (length, width, height) of transported goods and items, types, weight of goods or number of people on the vehicle compared to the content specified in the documents, legality of goods, and safety measures;
- In case there is evidence that the transport vehicle, items, and persons participating in traffic are concealing evidence, documents, or administrative violation tools, they can be inspected according to administrative procedures; when conducting inspections, all regulations of the law on handling administrative violations must be followed;
2. Controlling through technical equipment
a) When violations of traffic order and safety have been recorded through technical investigative equipment, officers must issue commands to stop the vehicle for inspection and handling according to regulations. If the violator requests to view images or results of recordings of the violation, they must be shown immediately if such images or results are available; if not available immediately, they should be directed to the handling department to view them;
b) In case the vehicle cannot be stopped immediately for inspection and handling of violations according to regulations, the Team Leader of the patrol and control team must report to the Head of the Traffic Guidance and Patrol Control Department under the Highway and Railway Traffic Police Department, the Head of the Traffic Police Department, or the Head of County-level Public Security Departments and above to notify the vehicle owner and require the violator to come to the police station where the violation was discovered for resolution. When resolving the case, the violator must be shown the image or result of the recording of their violation; an administrative violation record must be established and handled according to regulations;
3. Inspecting specific cases
a) When inspecting hazardous material-carrying vehicles, they must be moved to a location away from residential areas; requiring the driver or owner of the vehicle to apply safety measures according to the law before proceeding with the inspection as stipulated in Clause 1 of this Article;
b) When inspecting and discovering signs of alcohol consumption by drivers of cars, tractors, special-purpose motorcycles, or motorcycles and motorbikes, alcohol concentration testing devices in exhaled breath must be used for inspection or coordinated with preventive health centers at the county level and above to check blood alcohol levels. If there are signs of drug use, drug testing devices must be used to confirm;
c) Inspecting and handling cases of vehicles exceeding permitted load limits
- Concentrate on organizing patrols and inspections immediately at the departure location of the vehicle, near areas such as wharfs, beaches, warehouses, ports, and locations where overload detection stations have been installed;
- Pay attention to observing the suspension system of the vehicle in reality; check transport invoices and documents to detect violations. If signs of overloading are found on the vehicle, use the overload scales equipped for traffic police forces or coordinate with overload detection stations of relevant agencies and units along the route to inspect and handle;
- In cases of overloading detected, the vehicle owner and driver must necessarily reduce the load to comply with the prescribed weight limit before allowing the vehicle to continue operation;
- In cases of intentional non-compliance, traffic police forces will cooperate with related forces to enforce the reduction of load according to the provisions of the law; the vehicle owner and driver shall be responsible for preserving goods and bearing all costs associated with reducing the load;
d) Control of passenger vehicles carrying more passengers than allowed;
- Concentrate on organizing patrols and inspections near the departure location of passenger vehicles, bus terminals, pick-up and drop-off points;
- Directly enter the passenger compartment to inspect and publicly announce any violations. Pay close attention to carefully inspect to detect violations regarding technical safety standards of the vehicle, service life, age of the driver, fire prevention and firefighting equipment, illegal operation of the vehicle, and cases where the vehicle does not meet the conditions for operating passenger transportation services as stipulated;
- In cases where the number of passengers exceeds the allowed limit, require the vehicle owner and driver to arrange another vehicle to transfer passengers or return the vehicle to the nearest bus terminal to transfer passengers; the vehicle owner and driver must bear all costs associated with transferring passengers and ticket fees for remaining journey. After the vehicle owner and driver have completed the transfer of passengers and ensured compliance with the prescribed number, allow the vehicle to continue operation;
- In cases where it is known in advance that the driver is a criminal or there are criminals on the vehicle, especially dangerous individuals carrying weapons, when conducting inspections, specific combat plans and formations must be prepared, remain vigilant, calm, and proactive in finding approaches and confiscating weapons to ensure safety for themselves and the public before proceeding with the inspection;
đ) When controlling foreign nationals and foreign road traffic vehicles participating in road traffic within the territory of the Socialist Republic of Vietnam;
- Based on the provisions of the Ordinance on Diplomatic Privileges and Immunities; Article of International Conventions on Road Transport; Road Transport Agreements that Vietnam has signed with other countries, and guiding documents;
- In necessary cases, when conducting inspections and handling violations, there must be an interpreter from the unit or immigration department of the Ministry of Public Security or provincial public security or in coordination with the local Department of Foreign Affairs;
4. The General Administration of Traffic Police shall manage administrative order and social security based on current regulations, issue detailed guidelines on procedures and documents related to control and violation handling, supervise and inspect control and violation handling activities in accordance with the law;
Article 17. Handling Violations
1. After completing the inspection, patrol and inspection officers shall inform the driver and passengers of the violations, forms, and measures of handling according to the law. For vehicles carrying passengers of 24 seats or more, directly enter the passenger compartment to inform. Even if no violations are found, they must still inform and say: "Thank you (Mr./Mrs./Ms./Miss...) for assisting the traffic police in their duties";
2. Upon discovering violations, patrol and inspection officers shall prepare an administrative violation report according to the law (except in cases of simple penalty procedure). The administrative violation report shall be prepared in at least two copies, one copy handed over to the individual or representative of the violating organization, and one copy retained for issuing the penalty decision and archiving. If the violator, representative of the violating organization, witness, victim, or representative of the victim refuses to sign, the person preparing the report must clearly record the reason in the report;
3. In cases of simple penalty procedure;
When imposing penalties through the simple procedure, patrol and inspection officers shall decide on penalties on-site according to the law; if the person being penalized cannot immediately implement the penalty decision, temporarily retain related documents to ensure compliance with the administrative violation penalty decision (clearly note the temporary retention of documents in the penalty decision);
4. In cases of administrative violations (excluding simple penalty procedures), an administrative violation report must be prepared; if within their authority to impose penalties, issue a penalty decision; if not within their authority (penalty form, supplementary penalties, measures to mitigate consequences), transfer the case to the competent authority to impose penalties;
5. Apply preventive measures against administrative violations;
In cases requiring timely prevention of administrative violations or to ensure compliance with administrative violation penalty decisions, the Patrol and Inspection Team Leader must decide or report to the competent authority to apply preventive measures (temporary detention of persons; temporary detention of contraband items, vehicles involved in administrative violations; body search; search of transport vehicles, objects; search of places concealing contraband items, vehicles involved in administrative violations). When applying preventive measures, strictly follow the legal provisions on handling administrative violations;
Chapter VI
IMPLEMENTATION
Article 18. Effective Date
This Circular takes effect from December 22, 2012, and replaces Circular No. 27/2009/TT-BCA(C11) dated May 6, 2009, issued by the Minister of Public Security, stipulating the tasks, powers, forms, and contents of patrols and inspections conducted by traffic police forces.
Article 19. Responsibility for Implementation
1. The Director of the General Administration of Administrative Police for Public Order and Social Safety shall be responsible for directing, inspecting, and guiding the implementation of this Circular.
2. The Director of the Highway and Railway Traffic Police Department shall be responsible for assisting the Director of the General Administration of Administrative Police for Public Order and Social Safety in implementing:
a) Monitoring, guiding, inspecting, and urging the deployment and implementation of this Circular;
b) Compiling training materials for patrol, control, and administrative violation handling work related to public order and traffic safety on highways;
c) Organizing training sessions, inspections, and evaluations of the results of training in patrol, control, and administrative violation handling work related to public order and traffic safety on highways for officers under the Highway and Railway Traffic Police Department and leaders and commanders of traffic police units nationwide.
3. The Directors of Provincial Public Security Departments shall be responsible for:
a) Organizing training in patrol, control, and administrative violation handling work related to public order and traffic safety on highways for traffic police officers under their management according to the training materials compiled by the Highway and Railway Traffic Police Department.
b) Directing and organizing the implementation of patrol, supervision, and administrative handling of violations in the field of road traffic according to this Circular.
4. The Directors of the General Administrations, heads of subordinate units under the Ministry of Public Security, the Director of the Highway and Railway Traffic Police Department, the Directors of Provincial and Central City Public Security Departments, and the Directors of Fire Prevention and Control Departments shall be responsible for organizing the implementation of this Circular.
In the course of implementing this Circular, if any difficulties arise, local public security units shall report them to the Ministry of Public Security (through the General Administration of Administrative Police for Public Order and Social Safety) for timely guidance./.
Original document (PDF)
Relations map
↑ Basis & documents that affect this document
Based on 2
65/2012/TT-BCA
Circular No. 65/2012/TT-BCA stipulates the tasks, powers, forms, and contents of patrol and supervision activities of the Road Traffic Police.
Expired
Click a document to open. A red border = a relation that changes validity.
Translations
This document is available in the following languages: